Building Trades United Pension Trust Fund et al

Filing 9

ORDER signed by Judge J.P. Stadtmueller on 5/31/2017: ADOPTING 8 Plaintiffs' Notice of Voluntary Dismissal and DISMISSING action without prejudice, each party to bear its own costs. (cc: all counsel)(jm)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN BUILDING TRADES UNITED PENSION TRUST FUND, SCOTT J. REDMAN, WISCONSIN PIPE TRADES HEALTH FUND, and KEVIN LAMERE, Case No. 17-CV-385-JPS Plaintiffs, v. UNI-PUMP INC., ORDER Defendant. On March 15, 2017, Plaintiffs filed this action arising under the Employee Retirement Income Security Act. (Docket #1). Defendant was served with process on April 6, 2017, but has not yet responded to the complaint. See (Docket #6). On May 31, 2017, Plaintiffs filed a notice of voluntary dismissal of this action without prejudice. (Docket #8). Because Defendant has not yet appeared in this action or responded to the complaint, the Court will adopt Plaintiffs’ notice. See Fed. R. Civ. P. 41(a)(1)(A)(i). Accordingly, IT IS ORDERED that Plaintiffs’ notice of voluntary dismissal (Docket #8) be and the same is hereby ADOPTED; this action be and the same is hereby DISMISSED without prejudice, each party to bear its own costs. Dated at Milwaukee, Wisconsin, this 31st day of May, 2017. BY THE COURT: ____________________________________ J. P. Stadtmueller U.S. District Judge Page 2 of 2

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